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View Full Version : Tenancy coming to on end , Want to sell property



llou
21-09-2011, 04:47 AM
Hi
I have let my property through a Letting Agent on Assured tenancy, 12 months. This will end on 10 October, I want to put property on the market. So I will be giving a 2 months notice at the end of contract, with a view of giving tenant a 2 month rolling contract. I understand this a 'periodic tenancy'
The letting agent has suggested not to give notice, just let the present agreement to run out,( which I assume would make the tenancy a 'periodic tenancy'?)and give two months notice once the sale is finalised.
The tenants have been good so far, so i would rather be upfront with them. I would be grateful for any thoughts on any possible advantages or disadvantages of Agent's advice.
Also what rights do the tenant and landlord have under a periodic tenancy, regrading possession , moving out etc.
thanks
Lou

sparkie
21-09-2011, 04:56 AM
My understanding is LL needs to give T's 2 months notice after the fixed term has expired.

T's on the other hand only need to give the LL 1 month notice after the fixed term has expired if they pay rent monthly.

jta
21-09-2011, 05:13 AM
Hi
I have let my property through a Letting Agent on Assured tenancy, 12 months. This will end on 10 October, I want to put property on the market. So I will be giving a 2 months notice at the end of contract, with a view of giving tenant a 2 month rolling contract. I understand this a 'periodic tenancy'


It might be better to serve the tenants a S21(1)(b) now, before the tenancy comes to an end. It will need to run for 2 months from the date of service, It is not a notice to quit, it simply allows you to apply to the court for a possession order if you need to. The S21(1)(b) can be issued at any time during the tenancy and can run to any date after the fixed term ends

The tenancy will become a SPT on the first day after the fixed term runs out.

You do not have to act on the S21 unless you need to, so it would be a good idea to speak to your tenants and find out what their plans are and make it easier for them to find a new home. (in other words give a little, gain a lot.)

The tenants will still need to give you a one month notice they are leaving which should end on the last day of a tenancy period.

Do not grant the tenants any sort of extension to their tenancy because you would be running the risk of invalidating your notice.

Snorkerz
21-09-2011, 08:14 AM
The court process to obtain possession once your s21 has run out will be round 4/6 weeks. After that the judge will give the tenants 2-6 weeks to vacate. If they don't, you will need to organise bailiffs - expect another 6 weeks.

Can you afford a 4 month delay once you find a buyer? If not, it may be best to commence the eviction process ASAP and have a vacant property that can be sold without hinderance or delay.

One idea to help the situation would be to offer to fund the tenants removal costs - you arrange the van for the expiry date of the section 21 notice.